C.S and Payment help (California)

[solo]

Hello, Im glad to have been forwarded a link to this website. I hope to get answers and support from fellow members in the same boat as I am. Okay, now off to my questions.

Background info:
-Married 13 years
-5 kids (13, 11, 8, 6, 6)
-She hasn't worked for more than 7 years
-I was the main income working extra jobs
-Went to court: January 2008
-Alimony payment: $450 a month
-Child Support payment: $360 x 5 = $1,800
-Take home (NET) per check (paid once a month) $3350

My questions relate to C.S & Alimony (and other stuff)

Questions:

1: While at court, she agreed to half of my retirement (8 years so far), half Alimony for the length of marriage (=6.5 years), and I claim ALL 5 kids. The thing is is that this is not in writing. Do I have to take her back to court to have it court ordered?

2: Even though the C.S calculator spit out numbers much higher than what I have to pay, are the courts obligated to follow those numbers? I ask this question because Dept. of Child Support Services have intervened are now garnishing my wages. My employer told me that they cannot take out more than 50% of my NET income and that the courts should not of allowed her to receive more than 50% no matter how many kids/alimony I have. I PAY MORE THAN  50% EACH MONTH and I am now looking at getting penalized because DCSS will not receive the full $2250 a month. I get paid once a month and the most they would take out is around $1650.

I can go on and on with my questions, but since this is my first post, I will leave it with these two so far. 

Look forward to reading the replies.

solo

[jimmy eaches]

yes, you need to take her back to court and get the agreement on paper, or it is simply not valid. now as far as the child support thing, why are they garnishing your wages, or is the child support through a wage lien. if it is, then you are in there. if you figure it all out, when there is a wage lien, you end up paying less monthly than you would when they say like $450 per month. and yes, the court can recommend what they call a "downward deviation" which is when the parties agree to pay less than the amount required by the guidelines. i hope this helps, and no reason to be afraid or worried my friend, this is par for course. join me at myspace.com/mddadeserverights

[tina21]

Welcome! This is how it is the courts can do what ever they wont to do they can charge you what ever they wont. Did you have a lawyer for the divorce? If not you might be in trouble here. My husband did not have a lawyer and now they take 63% of his wages and when he went to get a modification they only took $20 off his child support. So when CSE says you pay so much that is usually what you have to pay. I would pay the amount that CSE has order you to pay until you go back to court to get it modified if you don't pay the amount it will build up and then you will end up owing more. Only my opinion I'm not a lawyer or nothing. Not sure how California law is. But if it is anything like Oklahoma you are in for it. Because the courts don't care if you can't pay your bills or you can't eat all they care about is the money. So good luck to you.